Terms of Service (Terms)
Last updated: Feb 7, 2021
A. Definitions and Interpretation
In these Terms:
- "We” or “Us” or like terms refers to TempSms.Net, the provider of the Services.
- "you" refers to the user or viewer of our Website and /or the user of the Services;
- Content" means all information, links to websites or content published on any websites, data, text, software, music, sound, photographs, graphics, video, messages or other materials;
- Services” means the services we provide to you as set out in clause 3 and such other services provided by us from time to time;
- “Website” means our website under which we provide the Services;
- These Terms apply to the provision of Services. By using or requesting Services from us you agree to be bound by these Terms.
- These Terms may be amended from time to time with or without notice to you. Your continued use of the Website and / or the Services following such amendment constitutes acceptance of the terms as amended.
- Each of our Services may be subject to specific terms, rules or guidelines which shall be incorporated by reference into these Terms.
C. Service Description
- We provide the following Services, containing the features and limitations which are set out in this clause:
- SMS Receiving- a function in receiving SMS online publicly for anyone to view.
- You warrant and represent that:
- You are of legal age to form a binding contract (are at least 18 years old) and are not a person barred from receiving services under the laws of any applicable jurisdiction.
- You will obtain all authorisation required by law, including any consent required from the visitors of your website and any consent required from any person from whom you collect information (including personal information) using the Services.
E. User Conduct
You agree to not use the Services to:
- Undertake any unlawful purpose or do any act or thing which in any way constitutes or encourages conduct that would constitute a criminal offence.
- Link to, upload, post, email, transmit or otherwise make available any Content that: (i) . Is adult in nature, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hurtful, which is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii). Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iii). Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv). You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v). Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy); (vi). Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (vii). Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users" ability to engage in real time exchanges;
- Create "redirect loops" with other URL Shortener services;
- Create spam with URL Shortener links anywhere, including forums / chat / comments / blogs; or
- Otherwise use the Website and the Services in a manner deemed inappropriate by us.
- You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
- You acknowledge that any information you post or share on the third party sites (including social media sites such) may become publicly available. You understand and accept that use of the Services may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You are solely responsible for the consequences of sharing or publishing your location information with others and/or making such information publicly available.
F. Intellectual Property
- Copyright in the Website and all software, materials, data and information relating to the Services vests in us and may not be copied, reproduced or distributed by any means or in any manner without our prior written consent.
- You are solely responsible for all Content that you, or anyone using your account, upload, post, email, transmit or otherwise make available using the Services.
- We do not control any Content posted via the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, redirected to, transmitted or otherwise made available via the Services.
- We do not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant to us the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio or video you submit or make available , the licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
- With respect to Content other than photos, graphics, audio or video, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- Publicly accessible" areas of the Services are those areas of the Website that are intended by us to be available to the general public.
H. Third Party Materials and Links
- You understand and agree that the Website and the Services may include content, information and advertisements provided by third parties as well as links to websites provided by third parties (Third Party Content).
- We are not responsible for the content or suitability of Third Party Content and we do not endorse, recommend or accept responsibility for Third Party Content.
- You access any third party websites at your own risk.